Form I-9 - Employment Eligibility Verification

Notice (5-1-2020): Beginning on May 1, identity documents found in List B set to expire on or after March 1, 2020, and not otherwise extended by the issuing authority, may be treated the same as if the employee presented a valid receipt for an acceptable document for Form I-9 purposes. Within 90 days after DHS's termination of this temporary policy, the employee will be required to present a valid unexpired document to replace the expired document presented when they were initially hired. When entering the document in Guardian, please check the Covid-19 Expiration Date Exception checkbox.

Notice (4-13-2020): Many states across the US are closing their DMV branch offices to the public in order to limit the spread of the coronavirus (COVID-19). As a result, individuals may be unable to apply for a new driver's license or state ID, particularly when an in-person visit is required. Employers are able to accept expired driver's licenses or state IDs as a List B document for I-9 purposes so long as the ID expired on or after March 1, 2020. Please read the guidelines for I-9 processors during Covid-19 about what to do when new employees present an expired Driver's License.

Notice (4-5-2020): Texas A&M is still required to personally review documents for employment eligibility when completing Form I-9. Please review the guidelines for I-9 processors during Covid-19 to complete Form I-9.

Form I-9 Acceptable Documents

Acceptable documents to complete Form I-9, Employment Eligibility Verification

Lost/Misplaced Card

If a US citizen provides a Social Security Card receipt in lieu of their Social Security Card due to a lost or misplaced card, the employee is able to complete the Form I-9 with receipt. The employee has 90 days (upon completion of the Form I-9) to obtain their Social Security Card and provide it to the hiring department HR Liaison who will then notify the HR office and update the Form I-9.

Employees without a Social Security Card

Within 90 days, the employee must provide the hiring department their Social Security Card for the completion of the E-verify process of the Form I-9. It is the hiring department's responsibility to obtain the Social Security Number within 90 days of the employee's hire date. After 90 days, the employee is subject to termination of employment.

Legal Name Change

All employees must provide a U.S. Social Security Administration Card or receipt to the hiring department HR Liaison to update in Guardian. The HR Liaison confirms the name and notifies the I-9 Partner to create an I-9 Section 3, Name Change Only. Once the I-9 Partner has completed the Section 3 with the updated information, the I-9 Partner will approve the new legal name in Workday.

Hiring departments should confirm, after acceptance of an offer, that the student employee has checked in with ISS. F-1 students with an I-20 issued from Texas A&M University must receive an SSN letter from ISS before the student will be eligible to work.

If an international student employee is not able to provide a Social Security Number when completing Form I-9, the student employee can complete the Form I-9 as long as other required documentation (F-1, J-1, H-1, etc.) is provided.

Please visit ISS for more information regarding employment and immigration rules for International Students.

• Use Guardian for Form I-9s
• Form I-9 Acceptable Documents
• Instructions to allow pop-ups in Guardian when using Google Chrome
• E-Verify
  • E-Verify standards require submitting copies of the front and backs of certain supporting documents to E-Verify. This applies to the following verification documents: U.S. Passport, U.S. Passport Card, I-551 Permanent Resident Card, and I-766 Employment Authorization Document. When you select one of these items as verification documents, such as a U.S. Passport, the document retention workflow will have two distinct required boxes for uploading separate images of the item: one for the ID page and another for the barcode page.
• US Citizenship and Immigration Services
  • Form I-9 Central
  • Form I-9 Handbook for Employers

Completing the Form l-9 for Foreign Workers Authorized to Work in the USA.

Section 1 – To be completed by the employee on or before the hire date

The employee should pay special attention to Section 1.

International employees with work authorization documents issued by the Department of Homeland Security should mark the fourth box “An alien authorized to work until __/__/__”.  For international students working on-campus, the expiration date is the “Program End Date” listed on either the I-20 or DS 2019.

Definitions:

• A noncitizen national of the United States is a person born in an outlying possession of the U.S. (e.g., American Samoa or Swain's Island) on or after the date the U.S. acquired the possession, or a person whose parents are U.S. non-citizen nationals. All U.S. citizens are U.S. nationals; however, not every U.S. national is a U.S. citizen.
• Lawful permanent residents (LPRs), also known as “green card” holders, are non-citizens who are lawfully authorized to live permanently within the United States.
• An alien authorized to work - for employees who are in F-1, J-1, or H-1B status, have an EAD or any other type of work authorization issued by the Department of Homeland Security.

Section 2 – To be completed by the employer within three business days of the hire date

The employer’s representative must complete this section using original documents. Below are the most common documents used to complete Section 2 for Aliens Authorized to Work. For the complete list of acceptable documents, please refer to USCIS.

F-1 students with on-campus employment

• Unexpired passport 
• I-94
• I-20

F-1 students with economic necessity employment authorization or optional practical training

• EAD issued by the USCIS
• When the EAD expires, employers must reverify the F-1 student’s employment authorization in Section 3. The employee may choose to present any List A or List C document that shows that he or she continues to be authorized to work in the U.S.

F-1 students with curricular practical training (CPT)

• Unexpired passport
• I-94
• I-20 with CPT authorization on reverse side
• OR B & C Documents (For example, a state driver’s license (List B document) and, under List C #7, a Form I-94 indicating F-1 nonimmigrant status with a properly endorsed Form I-20)

J-1 students

• Unexpired passport
• I-94
• Written employment authorization from the Program Sponsor (the office or agency that issued the DS-2019). If the employee is on academic training, this may be the DS-2019 issued specifically for academic training.

J-1 professors, research scholars, specialists, or medical trainees

• Unexpired passport
• I-94
• DS-2019

H-1B workers

• Unexpired passport
• I-94 showing employer’s name. If I-94 does not show employer’s name, employees should present I-797 Approval Notice with employer listed as “Petitioner”.

Employment Authorization Document

• Form I-766 or EAD – This is a list A document that shows both proof of identity and work authorization. A copy must be retained with the Form I-9 to submit the case to E-Verify.